A BILL to amend and reenact §18B-2A-8 of the Code of West Virginia,
1931, as amended, relating to extending the provisions of the
Higher Education Flexibility Act to include certain
institutions of higher education.

Be it enacted by the Legislature of West Virginia:

That §18B-2A-8 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:

ARTICLE 2A. INSTITUTIONAL BOARDS OF GOVERNORS.

§18B-2A-8. Additional powers and duties of governing boards.

(a) A state institution of higher education is granted the
powers, duties and authorities previously granted to the state
institutions of higher education known as Marshall University and
West Virginia University, subject to the following:

(1) The institutional operating budgets of all institutions to
which this section applies have achieved a level of funding
comparable with, but not less than ninety percent of, their
respective peers, as established pursuant to section three, article
one-a of this chapter;

(2) The commission approves granting the powers, duties and
authorities to that institution; and

(3) Except as specified in subsection (b) of this section, the
powers, duties and authorities may not be granted to any
institution prior to July 1, 2012.

(b) Any institution of higher education that independently
offers graduate degrees, and is not administratively linked with
another institution of higher education, is granted the powers,
duties and authorities set forth in subsection (c) of this section
on the date that the administrative link expired, subject to
subdivisions (1) and (2), subsection (a) of this section.

(b)(c) The powers, duties and authorities granted pursuant to
this section are those provided in:

(10) Sections five, five-a, six and seven, article four of
this chapter;

(11) Sections three, four, seven and nine, article five of
this chapter; and

(12) Sections one and six-a, article ten of this chapter.

(c)(d) This section does not apply to any community and
technical college.

NOTE: The purpose of this bill is to extend the provisions of
the Higher Education Flexibility Act to institutions of higher
education that offer graduate degrees and are not or are no longer
administratively linked to another institution of higher education.

Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.